ACRO no live trace

[Oleg92 8]

2 minutes ago, Boiler said:

To be cautioned you have to admit guilt.

Admiting guilt doesn't mean you been convicted. 

[Wuozopo 4,293]

The UK government’s explanation.

https://www.gov.uk/caution-warning-penalty

 

A solicitor’s take https://www.howardkennedy.com/en/latest/blog/a-quick-guide-to-adult-cautions-under-the-england-and-wales-legal-system

How cautions (simple and conditional) are handled, and are they considered a criminal conviction?

If you accept a caution, it will be recorded against you on the Police National Computer. It is therefore likely to be disclosed by the Disclosure and Barring Service (DBS) as part of a standard or enhanced disclosure certificate, in the event of an application for employment in a particular type of work, such as working with children or vulnerable adults, or as part of a visa application.

A caution is not a criminal conviction. Therefore, if a person with a caution is asked whether they have a criminal conviction they can properly say no. However, if they are asked whether they have any convictions or cautions they will be required to declare it.

 

[caar 1]

Do u think I’ll not go for interview 

[ukgreencardlad22 25]

Hopefully my experience will be helpful here as I couldn't find a lot of posts from people who had been through this exact scenario when I was driving myself crazy.

 

I went for my I-130 spouse visa interview today in London and was in a similar situation (incorrectly answered no to the arrests/convictions question with a minor arrest resulting in a caution on my record from 12 years ago for abusive language).

 

I brought it up as early as I could at the embassy (I also had copy of my subject access request and printed correspondence with NVC to ask if I could amend my form when I had realised my mistake, to which they said raise it at interview).

 

I was only asked for the SAR at the first window, and they didn't need to see my correspondence with NVC. I again brought it up proactively at the second window - the officer asked me to explain the situation, I gave a v. high level summary of what had happened and when (in my case it was almost 12 years ago) and the outcome - he told me this would not be a problem.

 

Majority of the questions were about when / where I met my wife, and our situation now - I was approved on the day, and told that I will receive my passport back with the visa within 2 working weeks - the whole interview only took about 5 minutes after waiting to be called to the window.

 

I really hope anyone who (like me) has been worrying about a mistake on their form for the past 18 months - will see this and find it helpful. My advice would be to bring any concerns / errors up yourself if you know of them as the officers will appreciate you being upfront.

 

Obviously this is just my experience, but I will say that everyone I spoke to at the embassy was super helpful and friendly, and i'm convinced they are not in the business of declining applications unless they have to.

 

Good luck everyone!

 

[audeyc 0]

On 2/9/2022 at 7:54 PM, natbto said:

He had his interview today at the embassy and was given a refusal as they said they needed more info from ACRO and to give consent to ACRO to release information to the embassy, which we did. 

 

Hello @natbto

 

Very informative post.

 

If you don't mind, could you explain how you gave ACRO permission to give your SAR to the US embassy and when you did so?

 

Was that as part of your initial SAR application or was that after you received their response (containing your data)?

 

And did you do that via email or some other means?

 

Did you have to get anything countersigned or notarised?

 

Looking at the letter I got from the embassy regarding this and also looking online I can't find clear instructions on how exactly to do this. 

 

As time if of the essence I am trying to avoid making a mistake.

 

Thank you in advance.

 

- L

[audeyc 0]

On 8/12/2023 at 1:30 PM, audeyc said:

 

Hello @natbto

 

Very informative post.

 

If you don't mind, could you explain how you gave ACRO permission to give your SAR to the US embassy and when you did so?

 

Was that as part of your initial SAR application or was that after you received their response (containing your data)?

 

And did you do that via email or some other means?

 

Did you have to get anything countersigned or notarised?

 

Looking at the letter I got from the embassy regarding this and also looking online I can't find clear instructions on how exactly to do this. 

 

As time if of the essence I am trying to avoid making a mistake.

 

Thank you in advance.

 

- L

 

I resolved this. 

 

You can order the SAR and inform them of the consent independently. 

 

I ordered the SAR by emailing them a completed SAR application, (obtained from the ACRO site), along with a copy of my passport.

 

I informed them of my consent by phoning them. They then sent me an email requesting consent and I replied to that email to confirm. 

 

- L

 

[JamesJourney 7]

On 2/6/2022 at 7:59 PM, Oleg92 said:

At the time of completing the ds-260 I answered "no" to the question if I have been arrested or convicted. My acro certificate came back with "no live trace". After doing research about what that means it says that I have a record which is not relevant anymore. Anyway would this effect my green card chances or can I tell the consular during the interview about the misunderstanding?

How did this end up. I’ve just received my ACRO and it shows an okd DUI in Germany as stepped down.